Cathy v. Kuzmicz et al
ORDER OF DISMISSAL. Signed by Judge Phyllis J. Hamilton on 2/17/2021. ***Civil Case Terminated. (kcS, COURT STAFF) (Filed on 2/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
Case 4:19-cv-05932-PJH Document 46 Filed 02/17/21 Page 1 of 1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CHARLES RAY CATHY,
United States District Court
Northern District of California
Case No. 19-cv-05932-PJH
ORDER OF DISMISSAL
K. HOOD, et al.,
Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42
U.S.C. § 1983. On December 22, 2020, the court granted defendants’ motion for
summary judgment and dismissed two claims as unexhausted and granted defendants’
motion to dismiss for plaintiff’s two remaining claims. The two claims in the motion to
dismiss were dismissed with leave to amend. The court discussed the deficiencies of the
claims and provided plaintiff until February 1, 2021, to file a second amended complaint.
The time to file a second amended complaint has passed and plaintiff has not submitted
a second amended complaint or otherwise communicated with the court. The case is
DISMISSED for the reasons set forth in the prior order. The clerk shall close this case.
IT IS SO ORDERED.
Dated: February 17, 2021
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge
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